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been watching him and watching the home they believed he was inside since 5:15 this morning. san leandro police got a tip he was inside this home and surrounded the home. there were five people inside they were able to get out of house.

>> minutes ago the university confirmed the officer has died along with one other person. this is a photograph of the crime scene. initial reports say the incident happened after a traffic stop. police are still looking for that gun man.

>> up here this first amendment activity is going on now, signage and discussion we'll work with them during the day to see their message gets out and no laws are

violated. >> reporter: one protester is up -- upset with the living conditions. >> i think we should be creating a model for an alternative society and not making a mess and expecting the system we don't believe in to cleanup after us. i believe that is absurd. >> reporter: now the question is how long police are going to allow these people to sleep on the sidewalks or in justin herman plaza? what we saw this morning from the commander he's notifying these people they are in violation of the law in san francisco and at some point could tom to a citation if they -- could come to a citation if they don't go along with that, it could be an arrest. terry mcsweeney, abc7 news. the santa cruz occupy encampment is no more. 90 officers moved into san lorenzo park before 8:00 this morning and removed the 10 remanning campers. they is video of the -- 100 had been take in the park for

the last two months. monday the city issued' evacuation order telling campers to get out by 5:00 yesterday afternoon. protesters plan a march and rally at noon today. heater believe to be the cause of a fire that broke out this morning west of maxwell park. investigators say the space heater in the basement was left running because of the cold. there are no reports of injuries. 20 suspected gang members are under arrest after more than 150 officers swept through gilroy in an early morning raid. the raids are the result of the covert investigation. police say the suspects are responsible for a variety of crimes including shooting into an occupied home, narcotics trafficking, criminal conspiracy and using juveniles to commit crimes. homeowners in san francisco are getting a chance to an night for a home loan modification if their nor gauge is with wells fargo.

katie marzullo joins us with the -- us with the story. >> reporter: wells fargo is holding that event in san francisco today in which customers can come in, if they are struggling with this mortgage and sit and get face-to-face help in order to avoid foreclosure. in a tough spot unable to make payments on his san francisco home. >> i was caught in one of those loans you had to pick your payment. was told some things that weren't true about it and i got cat up in the payment mortgage crunch. >> reporter: his loan was through wachovia and he's happy to be dealing with wells fargo. >> if they can see a person they will open up and tell us more about what they need and share their financial history with us and they are more comfortable less intimidating. >> reporter: through out reach like this workshop, well fargo has modified more than 700,000

home loans since 2009. >> our goal is to keep people in their hopes. we don't want to for close on homes, we are not in the business of owning homes. >> got hope. they say keep hope alive that's what i'm trying to do here. keep my hope as life to keep my property. >> reporter: here are the specifics if you want to come down it is in san francisco at the calvary hill community church 141 industrial street. event lasts until 7:00 tonight you can make appointment or walk-ins are welcome. katie marzullo, abc7 news. jerry sandusky is out on bail again. the ex-coach heads home as we get new details of the additional charges against him. disturbing new survey about texting and driving. the big rise in the number of people doing it, in spite

you can see

>> closed captioning brought to you by mancini sleepworld. out on bail again. this morning the former penn state assistant coach accused of sexual abuse walked out of jail a day after being arrested on new claims. t.j. winick has details on the latest accusations against jerry sandusky. >> reporter: jerry sandusky is free on bail after being arrested again wednesday charged with molesting two more young boys he met through his second mile foundation.

>> it is disappointing the attorney general's office to do it this way. jerry has always been willing to turn himself in. >> reporter: identified as victims 9 and 10, they both claim they were molested in the basement bedroom of the sandusky home. victim 9 claims sandusky told him to stay in the room. he ate meals in the basement and the food would be brought to him by sandusky. always new questions about what sandusky's dottie seen leaving the house this morning, knew about the alleged molestations. victim 9 says he was 10 to 12-years-old during the attacks and told the grand jury he saw her at the house but she never came downstairs. on one occasion he screamed for help knowing that sandusky's wife was upstairs but no one came to help him. events victim number 4. >> i believe at the preliminary hearing we will hear more information specifically from victim number 4 as to mrs. sandusky

and what information mrs. sandusky may have known about the acts of her husband, including sexual salts. >> reporter: prosecutors asked for a million dollars bail the -- judge set it at $250,000 cash. jerry sandusky will have to wear an electronic monitoring device and stay away from his accusers and fair families. t.j. winick, abc news, new york. a new study finds texting while driving is on the rise. it is illegal in california. the national traffic safety administration says the number of people doing it increased 50% last year. behavior was watched around the country the number of drivers using hand-held devices increased from half percent in 2009 to 1% last year. fog appears to have lifted. what is that layer. >> looks nasty, that's the pollution out there now, worst in gilroy, cupertino and

looking north from oakland into emeryville and up to richmond. we'll talk about how long this poor air pollution will last in a few minutes. california's shrinking middle class. new snapshot at how small it is becoming. i love to eat. i love hanging out with my friends. i have a great fit with my dentures. i love kiwis. i've always had that issue with the seeds getting under my denture. super poligrip free -- it creates a seal of the dentures in my mouth. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. super poligrip free made the kiwi an enjoyable experience.

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a warning for pet owners in san francisco's inner sunset police investigate a case of suspected pet poisoning. a family lost its puppy and cat within hours of each other sunday. the animals had been in the fenced in backyard. the dog died at the vet and the cat had to be euthanized. a test showed methadone in the puppy's system. police say owners should keep a close eye on animals and report any suspicious activity. fewer than half of california families can now call themselves middle class 49.7% according to a new study. three decades ago, 60% of california families were in the middle bracket earning between $44,000 and 155,000 a

year. also the gap between rich and poor is widening from 2007 to 10 income for the statest poorest dropped more than 21% only 5% for the richest families. number of people applying for unemployment benefits fell to the lowest level in nine months. more evidence of an improving job market. labor department says weekly applications dropped by 23,000 to 381,000. the four week average less volatile measure fell for the 9th time in 11 weeks to 393,000, lowest average since early april. the report after other data show employers are stepping up hiring. meteorologist mike nicco keeping an eye on the weird-looking skies now. >> make -- it is a spare the air day that's the pollution. unfortunately, you don't want to breathe the air if you have

respiratory problems because of those that are most susceptible will have issues not only today but i'm guessing tomorrow into saturday the pattern doesn't change look how murky it is as we look from vollmer peak this morning. areas most likely to have the poor air quality central bay and coast north bay and inland areas east bay i know you are saying what is the difference between the south bay and santa clara valley for the bay area manage district in san mateo south is consider the south bay santa clara valley is the santa clara valley as we mentioned, cupertino and gilroy have many so of the worst air quality now. it is -- have some of the worst air quality now. temperatures now in the 40s and 50s and our visibilities are 6 to 10 miles per hour which means the fog lifted starting :00. spare the air is spreading to more areas minimal changes

through the weekend that's why we'll still have spare the air days tomorrow and saturday. -- a few hints, nothing definitive, hints of rain next week. let's talk about today, hazy sun mid to upper 50s east bay valleys, east bay shore, hazy, sun, upper 50s in the south bay, 59 milpitas everything else in the low 60s upper 50s to near 60 around the peninsula. north bay whether at the coast or inland mid to upper 50s until you get to santa rosa and ukiah 60 for you. warmer inland low 60s. around the state today low to mid 60s in the central valley. 47 in tahoe, no snow up there either. the spare the air goes to midnight, 2:00 this afternoon, they will decide whether to reissue one which i think they

will for tomorrow. i'll tweet so if you follow me on that. mid to upper 30s inland, frost less likely than this morning 40s richmond, oakland, san mateo, half moon bay and san francisco. you can see l.a., palm springs, san diego mid to upper 60s. several areas of high pressure dominating the eastern pacific western united states pushing the jet stream into the arctic circle and dumping it into the southeast that's why they had several inches of snow in arkansas and mississippi yesterday. for us this pattern is holding. that's why temperatures don't fluctuate much nor does our sky condition hazy through tomorrow into saturday. sunday, monday if we get any air movement we'll be able to take out the spare the air. tuesday, wednesday that's when the hint of rain is there so minimal now. hopefully, it will change. we need the rain.

>> thanks mike. the u.s. court of appeals in san francisco is set to hear arguments in two remaining issues in the legal showdown over california's ban on same-sex marriage. they've asked the court to set aside the ruling by judge walker claim he should not had been allowed to rule because walker was in a long term same-sex relationship. the appeals court will hear whether video and audio recordings of the trial should be made public. ballet with fun and unique holiday twists. >> that event and more in what's hot. [ female announcer ] martinelli's gold medal sparkling cider

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tech toys for kids that adult like too. then experts have spoken. michael finney will show us which tablet computer is making it to the wish list. and various media formats that will eliminate remotes pan give you a one stop shop for all technology. those stories and more today. from a theater legend to a soldier's tale. >> don sanchez has it all in today's what's hot. >> ♪ >> highway holiday tradition christmas ballet from serious works to hilarious fun mountain view center for performing arts -- cheetah rivera joins the --

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there are lots of shows there. >> too many choices. >> a lot of ice rinks are open too. not a bad time to go out there. be careful because of the air. >> follow us here at abc7 news thanks for joining us. who wants to be a millionaire is next. >> kept track on twitter and talk about it at facebook.com/abc7news. facebook.com/abc7news. >> bye-bye. closed captioning by closed captioning services,inc

çk [ growling ] captain, one step at a time.keep going! come on, snowy. look! did you ever see a more beautiful sight? captain! it's just a mirage. - snowy? what is it, boy? - [ barks ] what do you see? [ yipping ] [ woman announcing ] just like snowy, your dog's one of a kind. overactive imagination and all. [ barking ] long live your buddy. long live your dog. [ tintin ] snowy! purina dog chow. see the adventures of tintin, only in theaters.